The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On August 4, 2011, the Plaintiff has driven a vehicle while under the influence of alcohol by 0.082%.

On March 1, 2020, at around 03:24, the Plaintiff driven an E K7 car under the influence of alcohol level of 0.047% in front of the apartment Ddong in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

(2) On May 8, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motor vehicles) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that “A person who drives a motor vehicle while driving a motor vehicle for drinking” had re-driving the motor vehicle to the Plaintiff on May 8, 2020.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 22, 2020, but was dismissed on June 30, 2020.

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 through 10, and the purport of the entire pleadings, the disposition of this case is legitimate, and the traffic accident did not occur due to the drinking driving of this case by the plaintiff's assertion as to the legitimacy of the disposition of this case, and the distance of drinking driving of this case is merely 30 meters, the plaintiff is engaged in the livestock products distribution business, and the driving is an important means to maintain the family's livelihood, etc., the disposition of this case is unlawful

Judgment

Article 93 (1) 2 of the Road Traffic Act provides that "the Commissioner of a Local Police Agency shall revoke the driver's license in a case where the person who drives a motor vehicle while under the influence of alcohol drives the motor vehicle again while under the influence of alcohol and thus constitutes a ground for suspending

According to the language and text of the above provision, the commissioner of a district police agency shall cancel the driver's license for the person who has driven at least twice, and the commissioner of a district police agency shall cancel the driver's license.